California Court of Appeal

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Noceti v. Whorton, C071317

In an action where properly noticed plaintiffs failed to appear for trial because their attorney miscalendared the date, where the court granted judgment of $0 to the appearing defendant after reviewing the entire file: 1) plaintiffs are not entitled to mandatory relief under Code of Civil Procedure section 473(b) because such a judgment is not a "dismissal" against plaintiffs for which mandatory relief applies; but 2) the matter is remanded to the trial court for its consideration of discretionary relief under section 473(b).

Appellate Information

  • Decided 03/18/2014
  • Published 03/18/2014


  • BUTZ


  • California Court of Appeal